Oops - Am I too late?

[Brave Brave Sir Robin]

Hi - I received a Claim form dated the 3rd nov and sent off a cpr 31 which the solicitors recieved on the 14th, I`ve had no reply from them to date. Have I misunderstood the timing thinking this would give me another 28 days to sort a defence?
If so do I have a course of action left open to me?

[Amethyst]

Re: Oops - Am I too late?

Ah oops, if you put a defence in today you might just get it in under the wire..... JUST - or ring the sols and ask them to agree an extension under CPR 15.5 as they haven't provided your documentation yet, and tell the court you've agreed an extension ( see here http://www.legalbeagles.info/forums/...filing-defence )

Issue Date 3rd November - + 33 days...... Result: Saturday, December 6, 2014

....pushing it really but as it has been the weekend could be okay getting in before 4pm. Default judgment isnt an automatic thing, the other side have to ask for it, so could be ok.

( Yes you had misunderstood - when you acknowledge you are simply extending the length of time to defend to 28 days from service, as opposed from 14 days from service as it stands originally before acknowledgment)

[Brave Brave Sir Robin]

Re: Oops - Am I too late?

on the phone now...
if they don`t agree to an extension which it looks like they arent, how do i file my defence?

[Brave Brave Sir Robin]

Re: Oops - Am I too late?

ah - put throught to the legal team and 28 day extension agreed
as this is for an overdraft - will there be a `credit agreement` of some kind?

[Amethyst]

Re: Oops - Am I too late?

Nice one well done, now email the ccbc as per the link I gave you earlier - just to ensure they don't accidentally put through a default judgment.

So this is for an overdraft ? Shall we start from the beginning on it - do you have a dispute on the amount being claimed, can you give us a bit more background to how we got to where we're at now ? See where best to go to next.

[Brave Brave Sir Robin]

Re: Oops - Am I too late?

email sent thanks.
I lost my job early 2009 but managed to stay just above water with the help of my lovely wife.
The only debt we never defaulted on was the mortgage. The OD was for about 5000.
It appears it was sold to lowells last year and they`ve been chasing me since - I sent out cca requests with no reply to the OC and lowells i also sent a sar to lowells but as i don`t really know much about this stuff, it doesn`t mean much to me

[Amethyst]

Re: Oops - Am I too late?

Okay, the CCA won't be valid as this is an overdraft, but the CPR request and the SAR should get you some information on how this debt has been built up. The SAR won't give you very much other than what has happened since the debt was sold to Lowell, so if you need a better picture you should get in touch with the bank.

Did you have an overdraft of £5k when you lost your job and did you stop making payments into that account ? Are you sure you didn't default on the account at all ?

Have you spoken to the original lender at all to find out how this amount has accrued ? and how much are they now claiming from you ?